Madras High CourtSA(MD)/9/2015dismissed

Murugan, v. S.Madasamy,

2021-01-25Honourable Mr Justice R. Subramanian2 pages

SA(MD)No.9 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.01.2021

CORAM

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN SA(MD)No.9 of 2015 and M.P(MD) No.1 of 2015 Murugan ... Appellant/Appellant/Defendant Vs.

1.S.Madasamy 2.Guruvammal 3.Manaiviammal 4.Pappammal 5.Subbuthai 6.Parvathi 7.Ulakammal ... Respondents/Appellants/Plaintiffs PRAYER:- Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree passed in A.S.No.70 of 2012 on the file of the Additional Sub Court, Tirunelveli dated 30.09.2013 reversing the judgment and decree passed in O.S.NO.178 of 2009 on the file of the 2nd Additional District Munsif, Tirunelveli dated 07.12.2011.

For Appellant : Mr.D.Rajkumar For R1 : Mr.T.Selvan For R4 and R6 : No appearance R2,R3,R5 & R7 : Died

JUDGMENT

The decree challenged is one for declaration of title and recovery of possession passed in favour of the plaintiffs, who are 7 in number. The defendant is the appellant. It is seen from the records that the appeal has been dismissed as against the respondents 2, 3, 5 and 7. Therefore, the decree has become final as against them. The decree is a joint decree which cannot be modified partially. Hence, the appeal has become infructuous and the same is https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD)No.9 of 2015 dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS- ) To:

1. The Additional Subordinate Judge, Tirunelveli

2. The 2nd Additional District Munsif, Tirunelveli.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) CM TE : 10/02/2021 : 2P/5C SA(MD)No.9 of 2015 and M.P(MD) No. 1 of 2015 25.01.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2